DETAILED ACTION
Notice of Pre-AIA or AIA Status
The present application, filed on or after March 16, 2013, is being examined under the first inventor to file provisions of the AIA .
Priority
Acknowledgment is made of applicant’s claim for foreign priority under 35 U.S.C. 119 (a)-(d). The certified copy has been filed in parent Application No. 2022225484494, filed on 26/09/2022.Claim Interpretation
The following is a quotation of 35 U.S.C. 112(f):
(f) Element in Claim for a Combination. – An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The following is a quotation of pre-AIA 35 U.S.C. 112, sixth paragraph:
An element in a claim for a combination may be expressed as a means or step for performing a specified function without the recital of structure, material, or acts in support thereof, and such claim shall be construed to cover the corresponding structure, material, or acts described in the specification and equivalents thereof.
The claims in this application are given their broadest reasonable interpretation using the plain meaning of the claim language in light of the specification as it would be understood by one of ordinary skill in the art. The broadest reasonable interpretation of a claim element (also commonly referred to as a claim limitation) is limited by the description in the specification when 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is invoked.
As explained in MPEP § 2181, subsection I, claim limitations that meet the following three-prong test will be interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph:
(A) the claim limitation uses the term “means” or “step” or a term used as a substitute for “means” that is a generic placeholder (also called a nonce term or a non-structural term having no specific structural meaning) for performing the claimed function;
(B) the term “means” or “step” or the generic placeholder is modified by functional language, typically, but not always linked by the transition word “for” (e.g., “means for”) or another linking word or phrase, such as “configured to” or “so that”; and
(C) the term “means” or “step” or the generic placeholder is not modified by sufficient structure, material, or acts for performing the claimed function.
Use of the word “means” (or “step”) in a claim with functional language creates a rebuttable presumption that the claim limitation is to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites sufficient structure, material, or acts to entirely perform the recited function.
Absence of the word “means” (or “step”) in a claim creates a rebuttable presumption that the claim limitation is not to be treated in accordance with 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph. The presumption that the claim limitation is not interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, is rebutted when the claim limitation recites function without reciting sufficient structure, material or acts to entirely perform the recited function.
Claim limitations in this application that use the word “means” (or “step”) are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action. Conversely, claim limitations in this application that do not use the word “means” (or “step”) are not being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, except as otherwise indicated in an Office action.
This application includes one or more claim limitations that do not use the word “means,” but are nonetheless being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, because the claim limitation(s) uses a generic placeholder that is coupled with functional language without reciting sufficient structure to perform the recited function and the generic placeholder is not preceded by a structural modifier. Such claim limitation(s) is/are: suction adjustment device in claim 8.
Because this/these claim limitation(s) is/are being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, it/they is/are being interpreted to cover the corresponding structure described in the specification as performing the claimed function, and equivalents thereof.
If applicant does not intend to have this/these limitation(s) interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph, applicant may: (1) amend the claim limitation(s) to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph (e.g., by reciting sufficient structure to perform the claimed function); or (2) present a sufficient showing that the claim limitation(s) recite(s) sufficient structure to perform the claimed function so as to avoid it/them being interpreted under 35 U.S.C. 112(f) or pre-AIA 35 U.S.C. 112, sixth paragraph.
Claim Rejections - 35 USC § 103
In the event the determination of the status of the application as subject to AIA 35 U.S.C. 102 and 103 (or as subject to pre-AIA 35 U.S.C. 102 and 103) is incorrect, any correction of the statutory basis (i.e., changing from AIA to pre-AIA ) for the rejection will not be considered a new ground of rejection if the prior art relied upon, and the rationale supporting the rejection, would be the same under either status.
The following is a quotation of 35 U.S.C. 103 which forms the basis for all obviousness rejections set forth in this Office action:
A patent for a claimed invention may not be obtained, notwithstanding that the claimed invention is not identically disclosed as set forth in section 102, if the differences between the claimed invention and the prior art are such that the claimed invention as a whole would have been obvious before the effective filing date of the claimed invention to a person having ordinary skill in the art to which the claimed invention pertains. Patentability shall not be negated by the manner in which the invention was made.
Claim(s) 1 – 2 & 5 - 6 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 209316610 U) in view of Harden et al. (WO 2023039524 A1).
Regarding claim 1, Wang discloses a skin beauty suction device, comprising:
a main control board 9, connected to a suction pump 4 (Page 2, Paragraph 11, lines 7 - 8);
wherein the suction pump 4 is connected to a suction nozzle 7 through a gas tube 5 (Page 2, Paragraph 10, lines 2 – 4), the suction nozzle 7 being configured to be in contact with a human skin to suck blackheads (Page 3, Paragraph 6);
the main control board 9 is electrically connected to a display 14 (Claim 6).
Wang discloses suction pump 4 and the suction nozzle 7.
However, Wang does not expressly disclose a pressure sensor is arranged between the suction pump and the suction nozzle, and the pressure sensor is electrically connected to the main control board.
Harden discloses a pressure sensor that can be positioned at or near the tip or other distal position of the system (Paragraph 0128) and any internal electrical component of the system can be operatively coupled to one or more internal component of the system (Paragraph 0125).
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to modify Wang to include the pressure sensor of Harden as it allows the sensor to detect of the device is in contact with the skin and is able to configure the activation and/or initiation of the system. Also, the device can be deactivated once the device is no longer in contact with the skin of the user. It would also be obvious for the pressure sensor to be electrically connected to the main control board as it allows the electronics to be coupled to the board and is able to facilitate the processing of the data collected by the sensor. (Paragraph 0125)
However, Harden does not expressly disclose the pressure sensor is arranged between the suction pump and the suction nozzle.
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to modify Wang to allow the pressure chambre to be found between the suction pump and the suction nozzle as Harden discloses that the sensor can be positioned at or near the tip or other distal portion of the system. Harden does not provide a specific location for the sensor, but specifies that it can be placed in any other position of the system without affecting its function. (Paragraph 0128)
Regarding claim 2, Modified Wang discloses the skin beauty suction device as claimed in claim 1.
Modified Wang discloses further comprising: a handheld part (Note: the examiner considers the shell 3 to be where the user is able to hold the device) and a base 15 (Figure 1); wherein the handheld part 3 and the base 15 are connected (Page 4, Paragraph 3, lines 5 – 6), and the handheld part 3 has a hollow cavity (Figure 3 discloses the front cover 1 and rear cover 2 that create the shell have a hollow interior);
the main control board 9 and suction pump 4 are fixed in the handheld part 3 (Figure 3 / Claim 1), and the suction nozzle 7 is arranged at an end of the handheld part 3 (Figure 3).
Regarding claim 5, Modified Wang discloses the skin beauty suction device as claimed in claim 2.
Modified Wang does not disclose wherein a wireless transmission module is further arranged in the handheld part, and the wireless transmission module is connected to the main control board and configured to transmit data from the pressure sensor to a mobile terminal.
Harden further discloses wherein a wireless transmission module is further arranged in the handheld part, and the wireless transmission module is connected to the main control board 110 and configured to transmit data from the pressure sensor to a mobile terminal. (Paragraph 0045, 0096 & 00125)
It would have been obvious to one of ordinary skill in the art prior to the effective filling date to further modify Wang to include a wireless transmission module as it would allow wireless communication with an external device, system or network and that separate computer system can display information to the user. Also, it can allow any internal electrical component of the system to be operatively coupled to an external computing device or network to facilitate processing of data collected. This could include the processing of data of a sensor that is controlled by the main circuit board. (Paragraph 0125)
Regarding claim 6, discloses the skin beauty suction device as claimed in claim 1.
Harden further discloses wherein a displacement sensor (Paragraph 0128 discloses a contact sensor) is further arranged on the suction nozzle 7, which is connected to the main control board 9. (Paragraph 0125 & 0128)
It would have been obvious to one of ordinary skill in the art prior to the effective filing date to further modify Wang to include a displacement sensor is further arranged on the suction nozzle, which is connected to the main control board as it allows the device to determine skin contact in order to determine when the device is in direct contact with the skin or when it is lifted off the skin surface to be able to deactivate the device with needed. (Paragraph 0125)
Claims 3 & 7 – 8 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 209316610 U) in view of Harden et al. (WO 2023039524 A1) as claimed in claim 1, in further view of Liu et al. (US 11865068 B2)
Regarding claim 3, Modified Wang discloses the skin beauty suction device as claimed in claim 1.
Modified Wang discloses further comprising a vacuum chamber (see annotated Figure 1);
wherein the suction pump 4 is in communication with the vacuum chamber (see annotated Figure 1) through a gas tube 5, the vacuum chamber (see annotated Figure 1) is in communication with the suction nozzle 7 through a gas tube 5 (Figure 1), the pressure sensor (Harden) is arranged on the vacuum chamber (see annotated Figure 1 / Note: the examiner considers Harden already discloses the modification of including the pressure sensor in different areas of the device and not affecting the function), and the pressure sensor (Harden) is electrically connected to the main control board 9.
Modified Wang does not disclose a deflation device.
Liu discloses a pressure relief seconds control button 636. (Column 4, lines 34 – 47)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filling date to further modify Wang to include a deflation device as it allows the connection between the control button and the controller to be connected in order to manually control the release of the pressure in the device. This control button being a part of the pressure relief assembly that allows the pressure to be released or reduced to allow the skin to gradually return to its original state. (Column 4, lines 34 – 47 / Column 65, lines 10 - 30)
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Figure 1: Annotated Figure 1 of App. CN 209316610 U
Regarding claim 7, Modified Wang discloses the skin beauty suction device as claimed in claim 3.
Modified Wang discloses wherein the main control board 9 is connected to a battery 10 (Page 4, Paragraph 3) and is electrically connected to a power switch 12 (Page 4, Paragraph 3)
Modified Wang does not disclose a wire.
Harden further discloses the internal electrical components of the system can be operatively coupled via a wired connection.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Wang to include a wire that allows the connection between the main control board with the battery and a power switch. Including a wire as it is a known way to allow any internal electrical components to be operatively connected to any or more internal components of the system. This is a known way of connecting two things together that does not change the function of the device. (Paragraph 0125)
Regarding claim 8, Modified Wang discloses the skin beauty suction device as claimed in claim 7.
Modified Wang discloses wherein the main control board 9 is connected to a suction adjustment device 13 (Page 4, Paragraph 3), and the suction adjustment device 13 is configured to adjust a pressure in the vacuum chamber. (Page 5, Paragraph 3)
Claim 4 is rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 209316610 U) in view of Harden et al. (WO 2023039524 A1) as claimed in claim 1, Chen et al. (CN 215914376 U).
Regarding claim 4, Modified Wang discloses the skin beauty suction device as claimed in claim 1.
Modified Wang discloses the pressure sensor (Harden) is arranged in a vacuum chamber (see annotated Figure 1).
Modified Wang does not disclose wherein the pressure sensor is a piezoresistive pressure sensor.
Chen discloses wherein the pressure sensor is a piezoresistive pressure sensor. (Page 3, Paragraph 1)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify the pressure sensor to be a piezoresistive pressure sensor as it is a known type of pressure sensor and would not change the specific function of the sensor. (Page 3, Paragraph 1)
Claims 9 & 10 are rejected under 35 U.S.C. 103 as being unpatentable over Wang et al. (CN 209316610 U) in view of Harden et al. (WO 2023039524 A1) & of Liu et al. (US 11865068 B2) as claimed in claim 8, in further view of Melnikoff et al. (US 20180125742 A1) & Shadduck et al. (US 20170056636 A1)
Regarding claim 9, Modified Wang discloses the skin beauty suction device as claimed in claim 8.
Modified Wang does not disclose comprising a pressure relief valve;
wherein the main control board is connected to the pressure relief valve, and the pressure relief valve is configured to release a pressure in the vacuum chamber.
Melnikoff discloses comprising a pressure relief valve 140;
and the pressure relief valve 140 is configured to release a pressure in the vacuum chamber 110. (Paragraph 0028)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Wang to include a pressure relief valve that is configured to release a pressure in the vacuum chamber as it would allow a user to control the vacuum pressure level inside the vacuum chamber and thus applied to the treatment area. This would also allow the pressure to be changed to accommodate different configurations of the vacuum chambre that may include different choice in manufacturing material. (Paragraph 0028)
However, Shadduck discloses wherein the main control board is connected to the pressure relief valve (Paragraph 0068)
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Wang to have the main control board be connected to the pressure relief valve as it would allow for computer control all the operational parameters in the channels. The pressure relief valve has an obvious purpose of controlling and modulating flows in different circuits. (Paragraph 0068)
Regarding claim 10, Modified Wang discloses the skin beauty suction device as claimed in claim 9.
Modified Wang discloses wherein the power switch 12, the suction adjustment device 13 and pressure relief valve 140 (Melnikoff) and the vacuum chamber (see annotated Figure 1) is arranged in the handheld part 3. (Figure 1)
Melnikoff further discloses the valve 140 to be on the handle 112 on the side. (Paragraph 0028 / Figure 1 & 2)
Modified Wang does not expressly disclose the power switch, the suction adjustment device and pressure relief valve to be are arranged on a sidewall of the handheld part.
It would have been prima facie obvious to one of ordinary skill in the art prior to the effective filing date to further modify Wang to have the power switch, the suction adjustment device and pressure relief valve to be are arranged on a sidewall of the handheld part as the location of the power switch, the suction adjustment device and pressure relief valve needs to be in a place that will not obstruct a user during the use of the apparatus. Meaning the sidewall of the handheld part is a possible place that the power switch, the suction adjustment device and pressure relief valve could be located to not be in the way of the user. (Paragraph 0028)
Conclusion
Any inquiry concerning this communication or earlier communications from the examiner should be directed to GRACIELA NATALIA LEBRON DE JESUS whose telephone number is (571)270-3892. The examiner can normally be reached Mon - Fri 8:00-5:00 CST.
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If attempts to reach the examiner by telephone are unsuccessful, the examiner’s supervisor, Kendra Carter can be reached at 571-272-9034. The fax phone number for the organization where this application or proceeding is assigned is 571-273-8300.
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/GRACIELA NATALIA LEBRON DE JESUS/Examiner, Art Unit 3785
/KENDRA D CARTER/Supervisory Patent Examiner, Art Unit 3785